Allahabad High Court
SATYA DEV GUPTAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
A writ petition challenging an FIR is not maintainable once the charge‑sheet has been filed.
Summary
The petitioners filed a criminal miscellaneous writ petition challenging the FIR registered against them. The State submitted a charge‑sheet, as reflected in a report dated 16 April 2026. The petition sought to quash the FIR after the charge‑sheet had been filed. The Court observed that once a charge‑sheet is filed, a writ petition questioning the FIR is not maintainable. Accordingly, the petition was dismissed and consigned to the record, with a direction that the petitioners may pursue any other remedy available under law.
Issues considered
- Whether a writ petition challenging an FIR is maintainable after the filing of a charge‑sheet
Subjects
- FIR
- charge sheet
- writ petition
- criminal procedure
- high court
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 18393 of 2025
Satya Dev Gupta
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shikher Trivedi
Counsel for Respondent(s) : G.A.
Court No. - 42
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
1. Case is taken up in the revised list. No one is present for the petitioner (s).
Learned AGA is present for the State.
2. We have perused the office report dated 16.4.2026 which is quoted as
below:-
"As per report submitted by the Legal Cell, O/o Director General of Police,
U.P., the charge-sheet has been filed."
3. In view of the fact that charge-sheet has already been submitted and since
the writ petition is challenging the FIR, we are of the view that the writ
petition be dismissed and it be consigned to record.
4. The writ petition is, accordingly, dismissed. The petitioner (s) may avail
such remedy as might be available under law.
(Jai Krishna Upadhyay,J.) (Siddhartha Varma,J.)
April 20, 2026
safi
Digitally signed by :-
MAHBOOB SAFI
High Court of Judicature at Allahabad
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